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Ask the expert: During a fair hearing, what are the hearing panel chair’s responsibilities?

Medical Staff Leader Connection, September 9, 2009

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The CEO, acting for the board and after considering the recommendations of the president of the medical staff, may appoint an attorney at law or other individual experienced in due process, as a presiding officer, otherwise known as a hearing panel chair. The chair will not act as a prosecuting officer or as an advocate for either side at the hearing. The chair may participate in the private deliberations of the hearing panel and may serve as a legal advisor to it, but shall not be entitled to vote on its recommendation.

The presiding officer/hearing panel chair shall do the following:

• Act to ensure that all participants in the hearing have reasonable opportunity to be heard and to present oral and documentary evidence subject to reasonable limits on the number of witnesses and duration of direct and cross examination, applicable to both sides, as may be necessary to avoid cumulative or irrelevant testimony or to prevent abuse of the hearing process.
• Prohibit conduct or presentation of evidence that is cumulative, excessive, irrelevant, or abusive, or that causes undue delay. In general, it is expected that a hearing will last no longer than a total of 15 hours.
• Maintain decorum throughout the hearing.
• Have the authority and discretion to make rulings on all questions that pertain to matters of procedure and to the admissibility of evidence.
• Act in such a way that all information reasonably relevant to the continued appointment or clinical privileges of the individual requesting the hearing is considered by the hearing panel when formulating its recommendations.
• Conduct argument by counsel on procedural points and do so outside the presence of the hearing panel.
• Seek legal counsel when he or she feels it is appropriate. Leal counsel to the hospital may advise the presiding officer or panel chair.

This week’s question and answer are derived from The Greeley Guide to Medical Staff Bylaws, Second Edition by Joseph D. Cooper, MD, CMSL—now available at a reduced price!

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